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22636

Her Majesty the Queen v. Christine Naglik

(Ontario) (Criminal) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
1997-09-09 Appeal closed
1993-09-21 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1993-09-21 Copy of formal judgment being prepared, Attorney General of Canada (Ottawa, ON)
1993-09-21 Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON)
1993-09-21 Copy of formal judgment being prepared, Noël, Berthiaume, Aubry & Associés (Hull, QC)
1993-09-21 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1993-09-13 Notice of deposit of judgment sent to all parties, Noël, Berthiaume, Aubry & Associés (Hull, QC)
1993-09-13 Notice of deposit of judgment sent to all parties, Attorney General of Canada (Ottawa, ON)
1993-09-13 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON)
1993-09-13 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1993-09-09 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed, the convictions on both counts are set aside and a new trial is ordered on each of these counts, and the cross-appeal is allowed, L'Heureux-Dubé and Gonthier JJ. dissenting in part. For answers to constitutional questions see file.
Allowed, no order as to costs
1993-04-21 General proceeding, transcript received and distributed to the judges (160 pages)
1993-04-05 Hearing of the appeal, 1993-04-05, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1993-03-29 Correspondence (sent by the Court) to, (by fax) from Ingrid c. Hutton, Q.C.; re: that herself and Kathleen Lyons will appear as counsel at the hearin of the appeal and will take fifteen minutes for submissions
1993-03-26 Proof of service, of books of authorities
1993-03-26 Book of authorities, 10 copies Attorney General of Canada
1993-03-25 Correspondence (sent by the Court) to, from Noel, Berthiaume advising that Jacques Gauvin and Daniel Grégoire will be the counsels at the hearing and will argue 15 min.
1993-03-25 Intervener's factum, on cross-appeal; 24 copies, with service Attorney General of Canada
1993-03-23 Proof of service, of the joint Authorities vol. I to VI on A.G.Qué.
1993-03-22 Book of authorities, JOINT 10 copies of vol. I to VI (joint with 22490) Her Majesty the Queen
1993-03-19 Intervener's factum, 24 copies (extension of time requested) Attorney General of Quebec
1993-03-12 Respondent's factum, 25 copies on CROSS-APPEAL, with service Christine Naglik
1993-03-08 Intervener's factum, 24 copies (extension of time requested), with service Attorney General of Alberta
1993-03-03 Correspondence (sent by the Court) to, of Gowling, Strathy & Henderson to request satellite transmission from Edmonton on April 5, 1993
1993-03-02 Appeal hearing scheduled, 1993-04-05
Decision reserved
1993-02-12 General proceeding, transcript received (7 pages)
1993-02-01 Decision on motion for an order that the appeal be deemed abandoned, " Appeal is to be heard April 5, 1993.", CJ So Co McL Ia
Granted, no order as to costs
1993-02-01 Hearing of motion for an order that the appeal be deemed abandoned, 1993-02-01, " Appeal is to be heard April 5, 1993.", CJ So Co McL Ia
1993-02-01 Submission of motion for an order that the appeal be deemed abandonned, 1993-02-01, " Appeal is to be heard April 5, 1993.", CJ So Co McL Ia
1993-01-26 Affidavit, of David Butt in support of a motion to show cause; 5 copies (distributed to Justices CJ, So, Co, McL, I, Jan 27, 93), with service Her Majesty the Queen
1993-01-20 Proof of service, of Irwin Koziebrocki (Toronto, ON)
1993-01-20 Proof of service, acknowledgement of receipt of letter dated Jan. 15, 1993 sent to Mr. Koziebrocki
1993-01-19 Correspondence (sent by the Court) to, sent to Irwin Kroziebrocki required to appear for show cause hearing dated Feb. 1, 1993 9:30 a.m.
1993-01-07 Show cause requested by the Court
1993-01-07 Correspondence (sent by the Court) to, sent to Mr. David B. Butt (Toronto,ON) Re: you are to appear before this Court to show cause on Mon, Feb 01, 93, as to why matter should not be quashed
1992-11-30 Appeal perfected for hearing, Session beginning on 1993-01-25
1992-11-06 Decision on motion to extend time, to serve and file the case on appeal to Oct/23/92, Reg
Granted, no order as to costs
1992-11-06 Hearing of motion to extend time, 1992-11-06, to serve and file the case on appeal to Oct/23/92, Reg
1992-11-06 Submission of motion to extend time, 1992-11-06, to serve and file the case on appeal to Oct/23/92, Reg
1992-11-02 Response to motion to extend time, to file the Case on Appeal to October 23, 1992 (joint with 22490) Her Majesty the Queen
1992-11-02 Affidavit, to file the Case on Appeal (of Irwin Koziebrocki) (joint with 22490), with service Christine Naglik
1992-11-02 Motion to extend time, to file the Case on Appeal to October 23, 1992 (joint with 22490), with service Christine Naglik
1992-11-02 Certified casebook, vol. 1 to 4 (joint with 22490) (service admitted on October 23, 1992), with service Her Majesty the Queen
1992-10-23 Case on appeal, 23 copies of vol. 1 to 4 (extension of time needed) (JOINT WITH 22490) Her Majesty the Queen
1992-06-04 Notice of intervention respecting a constitutional question, With service Attorney General of Alberta
1992-06-03 Notice of intervention respecting a constitutional question, 3 copies, with service Attorney General of Canada
1992-06-03 Notice of intervention respecting a constitutional question, With service Attorney General of Quebec
1992-05-07 Notice of constitutional question(s), With service Her Majesty the Queen
1992-05-05 Order on motion to state a constitutional question, With service
1992-05-04 Order on motion to extend time, to state Constitutional Questions,
1992-05-01 Decision on the motion to state a constitutional question, " For Constitutional Questions see file or Reg's red book #8 @p. 318. Intentions of interventions by June 4th., 1992, CJ
Granted, no order as to costs
1992-05-01 Hearing of the motion to state a constitutional question, 1992-05-01, " For Constitutional Questions see file or Reg's red book #8 @p. 318. Intentions of interventions by June 4th., 1992, CJ
1992-05-01 Submission of motion to state a constitutional question, 1992-05-01, " For Constitutional Questions see file or Reg's red book #8 @p. 318. Intentions of interventions by June 4th., 1992, CJ
1992-05-01 Decision on motion to extend time, CJ
Granted, no order as to costs
1992-05-01 Hearing of motion to extend time, 1992-05-01, CJ
1992-05-01 Submission of motion to extend time, 1992-05-01, CJ
1992-04-24 Response to motion to extend time, to state the Constitutional Questions Christine Naglik
1992-04-21 Motion to state a constitutional question, With service Her Majesty the Queen
1992-04-21 Motion to extend time, to state the Constitutional Questions, with service Her Majesty the Queen
1991-12-20 General proceeding, Transcripts received (20.pgs)
1991-12-19 Notice of appeal, With service Her Majesty the Queen
1991-12-04 Judgment of the Court on the application for leave to appeal, CJ LaF So G Co McL Ia
Granted, no order as to costs
1991-12-04 Hearing of the application for leave to appeal, 1991-12-04, CJ LaF So G Co McL Ia
1991-12-03 Respondent's response on the application for leave to appeal, 5 copies, with service Christine Naglik
1991-11-13 Service, of C/A order
1991-11-08 General proceeding, to note Order of Court of Appeal of Ontario sent up with leave application for adjudication.
1991-11-08 All materials on application for leave submitted to the Judges, 1991-12-04, CJ So McL, CJ LaF So G Co McL Ia
1991-10-21 Application for leave to appeal, as C/A order filed, Completed on: 1991-10-21
1991-10-21 General proceeding, to note C/A formal Order (5 copies) Christine Naglik
1991-10-07 Correspondence received from, sent to W.J. Blacklock c/o Attorney General's Office (Toronto,ON) acknowledging receipt of application for leave. Regret to inform that material does not comply with the Court's requirements as formal order of both lower Courts missing. Application will
1991-10-04 General proceeding, TO BE REFERRED WITH 22490
1991-10-04 Court of Appeal casebooks and transcripts of evidence, (2 copies of vol. I to III of transcripts and 2 copies of the appeal book) JOINT WITH 22490
1991-10-02 $30.00 filing fee, receipt #23334 Her Majesty the Queen
1991-10-02 Application for leave to appeal, 5 copies (formal C/A order missing), with service, Incomplete Her Majesty the Queen

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Her Majesty the Queen Applicant Active

v.

Main parties - Respondents
Name Role Status
Naglik, Christine Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Attorney General of Quebec Intervener Active
Attorney General of Alberta Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
Names
W.J. Blacklock, Q.C.
Irwin Koziebrocki
Contact information
Attorney General for Ontario
720 BAY ST
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-2302
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Naglik, Christine

Counsel
Names
Irwin Koziebrocki
David B. Butt
Contact information
2600 - 250 YONGE ST
BOX 24
TORONTO, Ontario
M5B 2M6
Telephone: (416) 598-2167
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Attorney General of Canada

Counsel
Name
Ingrid C. Hutton, Q.C.
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4763

Party: Attorney General of Quebec

Counsel
Names
Jacques Gauvin
Jacques Gauvin
Contact information
Procureur général du Québec
1200 RTE DE L'ÉGLISE
5e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-4090
Agent
Name
Sylvie Roussel
Contact information
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: Attorney General of Alberta

Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

June 22, 1989
District Court of Ontario

Not available

Conviction: Aggravated assault and failure to provide the necessaries of life

May 27, 1991
Court of Appeal for Ontario

750/89

Appeal against conviction allowed (see file)

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2025-05-13